PETER SYLVESTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Peter Sylvester sought habeas corpus relief challenging a $600,000 bond set by the trial court as unreasonable. The Fifth District Court of Appeal granted the petition and remanded, finding that the trial court failed to adequately consider Sylvester's financial resources when setting bail despite hearing evidence on that topic.
The court held that while the trial court heard evidence regarding Sylvester's financial resources, the record does not clearly show the court considered that evidence when setting bail. The court granted the habeas petition and remanded for the trial court to reconsider the bond reduction motion while explicitly considering the defendant's financial circumstances along with all other relevant factors.
[1] A trial court must consider a defendant's financial resources when setting bail.
[2] When considering bail, a trial court must evaluate the nature and circumstances of the offense, the weight of the evidence, the defendant's ties to the community, employm…
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Join FLexlaw to unlock all legal intelligence“When considering whether to release a defendant on bail or other conditions, the trial court must consider the nature and circumstances of the offense charged, the weight of evidence against the defendant, the defendant's family ties, length of residence in the community, employment history, financial resources, and past and present conduct.”
Establishes the mandatory statutory factors a trial court must consider when setting bail
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Join FLexlaw to unlock all legal intelligenceSylvester was arrested and charged in Brevard County with three first-degree felonies: scheme to defraud, exploitation of a disabled adult, and grand …
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Peter Sylvester seeks a writ of habeas corpus, claiming his detention on a $600,000 bond is unreasonable. We have jurisdiction. See Fla. R. Crim. P. 3.131(d)(3). Because it does not appear the trial court considered Sylvester’s financial resources in setting the amount of his bail, we grant the petition and remand this matter to the trial court for further consideration.1
Sylvester was arrested and charged in Brevard County with scheme to defraud, exploitation of a disabled adult, and grand theft, all first degree felonies. Bail was set in the amount of $250,000 on each charge, for a total amount of $750,000. Sylvester then filed a motion for bond reduction, and after a hearing, bond was reduced to a total amount of $600,000 ($200,000 per count). In setting bond in the amount that it did, the trial court noted that Sylvester’s offenses constituted “major fraud.”
When considering whether to release a defendant on bail or other conditions, the trial court must consider the nature and circumstances of the offense charged, the weight of evidence against the defendant, the defendant’s family ties, length of residence in the community, employment history, financial resources, and past and present conduct. § 903.046(2), Fla. Stat. (2012); see also Fla. R. Crim. P. 3.131(b)(3); Williams v. State, 855 So.2d 1206, 1207 (Fla. 5th DCA 2003). The court may also consider the source of funds used to post bail and any other facts the court considers relevant. See Fla. R. Crim. P. 3.131(b)(3); see also § 903.046(2)(f) and (k), Fla. Stat. (2012).
Although the trial court heard evidence at the bond hearing regarding Sylvester’s financial resources, it is not clear whether he took that evidence into consideration when setting bail.2 Accordingly, we grant the petition and remand for the trial court to reconsider the motion to reduce bond, taking into consideration Sylvester’s financial circumstances, as well as all other relevant factors, and to include appropriate findings in the order.3
PETITION GRANTED, CAUSE REMANDED.
SAWAYA, EVANDER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Knight v. State, 213 So. 3d 1019 (Fla. 1st DCA 2017)…al abilities”—excessive, considering defendant’s “ties to the community and employment”). Moreover, the trial court here made no factual findings and offered no explanation of its ruling, making our review more difficult. Compare Sylvester v. State, 175 So. 3d 813, 813 (Fla. 5th DCA 2014) (granting petition, ordering further consideration, and requiring “appropriate findings in the order,” after concluding it was unclear whether the trial court considered the proper factors), with Dyson v. Campbell, 921 So. 2…
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Norton-Nugin v. State, 179 So. 3d 557 (Fla. 2d DCA 2015)…t discretion in this case by setting the amount of Norton-Nugin’s bond at $150,000 on four third-degree felony charges. Because her only asset is a car worth $2500, a bond set at $150,000 is like having no bond at all. See, e.g., Sylvester v. State, 175 So. 3d 813 (Fla. 5th DCA 2014) (granting petition and remanding for trial court to reconsider accused’s financial resources even after it had reduced bond from $800,000 to [*560] $150,000 on three first-degree felony charges); Alexander v. Broward Cty. Sheriff…
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Arslanian v. Junior, 46 Fla. L. Weekly D2352 (Fla. 3d DCA 2022)
Authorities Cited
- Martorell I. Williams v. State, 855 So. 2d 1206 (Fla. 5th DCA 2003)